Assets Recovery Center Investments, LLC v Diallo
Motion No: 2012-05526
Slip Opinion No: 2012 NY Slip Op 83273(U)
Decided on September 5, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M142989

S/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2012-05526, 2012-05527

Assets Recovery Center Investments, LLC,

respondent, v Samba A. Diallo, etc.,

appellant.

(Index No. 4071/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated August 27, 2012, in the above-entitled appeals from a decision of the Supreme Court, Queens County, entered January 6, 2012, and an order of the same court entered March 5, 2012, is amended by deleting the second decretal paragraph thereof and substituting therefor the following decretal paragraphs:

"ORDERED that the branch of the motion which is to stay entry of the judgment on the ground that the appeal from the decision will be rendered academic is denied as academic: and it is further,

ORDERED that the branch of the motion which is to stay entry of the judgment on the ground that the appeal from the order will be rendered academic is denied (see Matter of Aho, 39 NY2d 241)."

DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court